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PETITIONER: RAM PADARATH MAHTO
Vs.
RESPONDENT: MISHRI SINGH & ANR.
DATE OF JUDGMENT: 17/11/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SARKAR, A.K. WANCHOO, K.N.
CITATION: 1961 AIR 480 1961 SCR (2) 470
ACT: Election--Disqualification-Contract with Government for stocking foodgrains-Whether for Performance of services undertaken by Government-Representation of the People Act, 1951 (43 of 1951) S. 7(d).
HEADNOTE: The appellant was a member of a joint Hindu family which carried on the business of Government stockists of grain under a contract with the Government of Bihar. His nomination for election to the Bihar Legislative Assembly was rejected on the ground that he was disqualified under s. 7(d) of the Representation of the People Act, 195T, as he had an interest in a contract for the performance of services undertaken by the Bihar Government. The appellant contended that the service undertaken by the Government was the sale of foodgrains under the Grain Supply Scheme and the contract was not for the sale of such foodgrains and did not attract the provisions of S. 7(d). Held, that the contract was not one for the performance of any service undertaken by the Government and the appellant was not disqualified under s. 7(d). A contract of bailment which imposed on the bailee the obligation to stock and store the foodgrain...